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ELCStruck OutJudicial Review Application dated May 10, 2022 (leave granted April 27, 2022)· [2023] KEELC 924 (KLR)

Republic v Water Secretary, Ministry of Water, Sanitation & Irrigation & 4 others; Home Bridge Limited (Interested Party); Tatu City Water and Sanitation (Exparte) (Judicial Review Cause 3’B’ of 2022) [2023] KEELC 924 (KLR)

High Court of Kenya
16 February 2023
GKG Kemei
277 words in judgment
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The bottom line

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What this practically means

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Executive summary

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The applicant, Alex Kahu Kamuhia, was granted leave on April 27, 2022 to file a judicial review application seeking, inter alia, orders of certiorari and prohibition against the respondents concerning the minutes and resolutions of a meeting held in the Ministry of Water, Sanitation & Irrigation on April 5, 2022. The application was dated May 10, 2022 and filed on May 19, 2022 pursuant to the leave. When the court (Kemei J) retired to prepare judgment, it became evident from the record that the application was incomplete: although it was said to be based on grounds set out in a statutory statement and a verifying affidavit sworn by the applicant on April 22, 2022, those pleadings could not be traced on the record despite the court's diligence. The court held that the applicant had failed to place a complete application before the court, and that in the absence of the statutory statement and verifying affidavit it was unable to determine the application as presented. The application was accordingly found incompetent and struck out. The court made no orders as to costs. The judgment was delivered online via Microsoft Teams at Thika on February 16, 2023, with counsel for the applicant and the third respondent present; the first, second and fourth respondents and the interested party were absent or represented by holding brief.

Key legal issues

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Whether an incomplete judicial review application, missing the statutory statement and verifying affidavit, is competent

Holding

The application was incompetent and was struck out

Reasoning

The court had granted leave on April 27, 2022 for the applicant to file a judicial review application seeking certiorari and prohibition against resolutions of a meeting held in the ministry on April 5, 2022. When preparing judgment, the court found the filed application incomplete: the statutory statement and verifying affidavit of Alex Kahu Kamuhia, on which the application was said to be based, could not be traced despite the court's diligence. Without those core pleadings, the court could not determine the application as framed, so it was incompetent and was struck out, with no orders as to costs.

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Legal principles established

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  • A judicial review application must be complete on the record, including the statutory statement and verifying affidavit; where these are missing the application is incompetent and liable to be struck out.

Court orders

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  1. 1.The judicial review application dated May 10, 2022 struck out as incompetent
  2. 2.No orders as to costs
Jurisdiction invoked
Leave granted by the High Court to institute judicial review proceedings (order of certiorari and prohibition)

Key timeline

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Practical implications

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Frequently asked questions

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Cite this brief

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Cite this brief

Caselaw, "Republic v Water Secretary, Ministry of Water, Sanitation & Irrigation & 4 others; Home Bridge Limited (Interested Party); Tatu City Water and Sanitation (Exparte) (Judicial Review Cause 3’B’ of 2022) [2023] KEELC 924 (KLR)", Case Analysis (2023). Judicial Review Application dated May 10, 2022 (leave granted April 27, 2022). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2023/924/eng@2023-02-16

Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.